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1998-097 To Designate Areas of the Township as Site Plan Control Areas THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 98-97 Being a By-law to Designate Areas of the Township as Site Plan Control Areas e WHEREAS the Official Plan of the Corporation of the Township ofOro-Medonte was approved by the Minister of Municipal Affairs on August 15, ] 997; AND WHEREAS Council for the Corporation of the Township ofOro-Medonte established Site Plan Control policies in the Official Plan for the Township; AND WHEREAS Section 41(2) and 41(3) of The Planning Act, RS,O 1990 c. P, 13, as amended provides that where in an Official Plan an area is shown or described as a proposed Site Plan Control area, the Council of the local Municipality may designate the whole or any part of such area as a Site Plan Control area and further that Site Plan Control areas may be designated on the basis of their zone category in the Township's Zoning By- law; AND WHEREAS Council deems it advisable to provide for Site Plan Control areas in order to provide for the orderly development of commercial, industrial and other special areas within the Township; NOW THEREFORE the Council for the Corporation of the Township ofOro-Medonte hereby enacts as follows: 1. Definitions (a) "Council" means the Council for the Corporation of the Township ofOro- Medonte, (b) "development" means the construction, erection, or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in clause (a) of Paragraph 101 of Section 210 of the Municipal Act, RS,O. 1990 c, M. 45, as amended, or of sites for the location of three or more mobile homes, (c) "person" means an individual, association, firm, partnership, corporation, trust, incorporated company, or other legal representatives of a person to whom the same can apply according to law. (d) "Township" roeans the Corporation of the Township ofOro-Medonte, (e) "zoning by-law" means the comprehensive Zoning By-law 97-95 as amended 2. Lands and Uses subiect to Site Plan Control 2.1 The following Zones in By-law 97-95 are designated as a Site Plan Control area in accordance with Section 41 of the Planning Act, RS.O. 1990 C.P. 13, as amended: e (a) The Residential Limited Service (RLS) Zone. In accordance with Section 41 (13)( a) of the Planning Act, all classes of development, with the exception of the enlargement, renovation, or addition to a dwelling unit located on an existing private road or individual right-of-way, is not subject to Site Plan Control in this Zone, (b) The Residential Two (R2) Zone, In accordance with Section 41(l3)(a) of the Planning Act, all classes of development, with the exception of townhouse, multiple, and apartment dwelling units, as defined by By-law 97-95, are not e subject to Site Plan Control in this Zone, (c) The Local Commercial Zone (LC) and General Commercial (GC) Zone. Expansion to existing uses in this Zone that involve an increase in gross floor area of less than 25 percent are not subject to Site Plan Control in this Zone. (d) The Rural Industrial (IR) and Local Industrial (Ll) Zones, Expansion to existing uses in this Zone that involve an increase in gross floor area of less than 25 percent are not subject to Site Plan Control in this Zone, (e) The Economic Development (ED) Zone. Expansion to existing uses in this Zone that involve an increase in gross floor area ofless than 25 percent are not subject to Site Plan Control in this Zone. (t) The AgriculturallRural (A/RU) Zone. In accordance with Section 41(13Xa) of the Planning Act, all classed of development, with the exception of bed and breakfast establishments and home industries, as defined in By-law 97-95 and with the exception of the enlargement, renovation or addition to a dwelling unit located on an existing private road, unassumed road or seasonally maintained road is not subject to Site Plan Control in this Zone. (g) The Private recreation (PR) Zone, In accordance with Section 41(13(a) of the Planning Act all classes of development, with the exception ofbed and breakfast establishments, cross country ski facilities, golf courses, downhill ski facilities and mountain bike facilities, as defined by By-law 97-95 are not subject to Site Plan Control in this Zone. (h) The Institutional (I) Zone, In accordance with Section 41(13Xa) of the Planning Act all classes of development, with the exception of places of worship, as defined by By-law 97-95, are not subject to Site Plan Control in this Zone, (i) The Future Development (FD) Zone, In accordance with Section 41(13Xa) of the Planning Act all classes of development, with the exception of conservation uses, as defined by By-law 97-95, are subject to Site Plan Control in this Zone, (j) The Residential One (Rl) Zone in Registered Plan 1464 in Lots 23 and 24, Concession XI (Oro( that is zoned with a Holding Provisions on the effective date of this By-law, 2.2 The following uses, as defined by By-law 97-95, are subject to Site Plan Control in any Zone where they may be located: (a) bed and breakfast establishments; (b) community residential facilities; (c) farm produce sales outlets where on-site parking is proposed; (d) kennels; and (e) trailer parks, 2.3 All commercial and industrial uses permitted by way of exception in Section 7.0 of By-law 97-95 and all legal and non-conforming industrial and commercial uses in any Zone are also subject to Site Plan Control. 2.4 The following Zones in By-law 1031 are designated as a Site Plan Control area in accordance with Section 41 of the Planning Act, RS.O. 1990, c.P, 13, as amended: a) The Resort Commercial Exception One (C3-1) Zone 3. No person shall undertake any development in an area designated under Section 2 of this by-law unless the Council of the Township of Oro-Medonte has approved its Site Plan and authorized the execution of a Site Plan Control agreement. e 4, The Council of the Corporation of the Township of Oro-Medonte may waive the requirement for a Site Plan Control Agreement, when, in the Council's opinion, the extent and nature of the development does not warrant an agreement. 5, Every person who is required to enter into a Site Plan Control Agreement under this by-law shall provide information on the development as authorized by Section 41 of The Planning Act and contained on a "Site Plan Control Application" form as may be approved by Council rrom time to time, 6, No building permit shall be issued for any development in the area designated under Section 2 of this by-law until such time as an agreement has been approved or Council has waived the requirement for a Site Plan pursuant to Section 3 of this by- law, . 7. Every person who contravenes this by-law is guilty of an offence and on conviction is liable to a fine not to exceed $ 20,000,00, 8. That By-laws 94-149, 98-41, and 98-68 are hereby repealed, BY-LAW READ A FIRST AND SECOND TIME, THIS 16DA Y OF SeptattJer, 1998. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16DA Y OF September. ,1998. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor - Ian ~ de.. ItL Clerk - Lynda Aiken e